Asbestosis decisions — 2013

The Board has remanded the case for additional development, including obtaining SSA records and scheduling a VA examination to determine if the Veteran's COPD is related to his service, including asbestos exposure.

The Board has granted an initial 10 percent rating for asbestosis from February 21, 2006 to December 5, 2011 and denied a higher rating thereafter. The criteria for the current effective date are met.

The Veteran's claim for service connection for asbestosis is being remanded due to the need for proper VCAA notice and additional development of his service records, including those related to potential asbestos exposure.

The Board denied the Veteran's claims for service connection for PTSD and other psychiatric disabilities, an increased rating for asbestosis, and a TDIU. The left knee disability was rated at 10 percent due to slight instability.

The Board denied the Veteran's claims for service connection for various disabilities, including a cervical spine disability, right shoulder and left shoulder disabilities, right arm and left arm disabilities, as well as psychiatric disorder (listed as depression) and COPD, all secondary to service-connected conditions or other causes. The decision also addressed whether new and material evidence had been submitted to reopen the Veteran's claim for service connection for a cervical spine disability.

The Board has granted the claim of service connection for hypertension, finding that it is at least as likely as not caused by or aggravated by a service-connected disability (PTSD and DDD with use of nonsteroidal anti-inflammatory medications).

The Board has remanded the case due to outstanding VA treatment records and SSA records, as well as the need for a psychiatric examination.

The Veteran's appeal for increased ratings for the residuals of asbestosis was dismissed due to his withdrawal.

The Veteran has withdrawn his appeals for the issues of service connection for an acquired psychiatric disorder, residuals of exposure to asbestos, and facet arthropathy at the level of the 5th lumbar vertebra and 1st sacral segment. As a result, these claims are dismissed.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection for scarring of the lungs and asbestosis, including obtaining relevant medical records and conducting a new examination.

The Board has remanded the case for additional development, including obtaining physical evaluation records from the Veteran's employer and providing a VA pulmonologist with an opinion regarding the etiology of any current respiratory disorder.

The Board has determined that the Veteran's asbestosis is causally related to asbestos exposure during active service and grants service connection for this condition.

The Board found that the Veteran's respiratory disorder, including asbestosis and COPD, did not originate during service or due to exposure to asbestos. The VA examination provided an opinion against a direct relationship between his current respiratory condition and service.

The Veteran's service-connected pulmonary asbestosis prevents him from securing or following substantially gainful employment, and the Board grants a TDIU rating.

The Board found that the Veteran does not have a respiratory disability related to his military service, including any asbestos exposure.

The Board has remanded the case for a reduction of the disability rating for asbestosis from 60 percent to 30 percent and for a TDIU determination. The Veteran is requested to provide additional evidence or attend a hearing if he desires one.

The Veteran's death was not caused by or substantially or materially contributed to by a disability incurred in or aggravated by his military service, including asbestos exposure.

The Board has remanded the case for additional development, including obtaining a digital copy of the Veteran's chest x-rays and conducting an examination by a NIOSH-certified 'B reader' to determine if the Veteran has a lung disorder due to asbestos exposure. The appeal will be readjudicated after these actions.

The Board has determined that the Veteran's asbestosis, a condition he was diagnosed with, had its onset during his period of service and is related to in-service asbestos exposure. Therefore, the claim for service connection for asbestosis is granted.

The Board denied the Veteran's claims for service connection for a lung disability and an initial rating in excess of 50 percent for bilateral hearing loss. The evidence did not establish current lung disabilities or a nexus to service, and there was no objective medical evidence supporting these claims.